UK government publishes Digital Markets, Competition and Consumers Bill – OUT-LAW.com

Posted April 26th, 2023 in bills, competition, consumer protection, news, ombudsmen by sally

‘The UK government has published its long-awaited Digital Markets, Competition and Consumers (DMCC) Bill, designed to boost competition and crack down on unfair business practices.’

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OUT-LAW.com, 25th April 2023

Source: www.pinsentmasons.com

Cloud customers should consider options following Ofcom report – OUT-LAW.com

Posted April 25th, 2023 in competition, consumer protection, internet, news, reports by sally

‘The 220-page report published in accordance with Ofcom’s market study powers under the Enterprise Act 2002 highlighted practices which the regulator considers potentially hinder and restrict competition; in particular a customer’s ability to switch provider and adopt a multi-cloud architecture. It is proposing to refer the market for an in-depth investigation by the Competition and Markets Authority (CMA).’

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OUT-LAW.com, 24th April 2023

Source: www.pinsentmasons.com

Crucial hearing in Mastercard litigation begins – Law Society’s Gazette

‘The Competition Appeal Tribunal is set to hear arguments today on a complex EU law issue worth billions of pounds in proceedings against credit card providers, Mastercard and Visa.’

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Law Society's Gazette, 24th April 2023

Source: www.lawgazette.co.uk

Subsidy Control reviews: proportionality with a light touch – Competition Bulletin from Blackstone Chambers

Posted April 20th, 2023 in chambers articles, competition, news, proportionality, state aids by sally

‘As erstwhile State aid lawyers will know, under the UK’s new subsidy control regime, interested parties can challenge subsidy decisions in the CAT, which will apply the same principles applied by the High Court in a judicial review. But what standard of review will the CAT adopt when examining a substantive subsidy decision? The recent decision of the Divisional Court in the Bulb case suggests that the answer is proportionality (rather than rationality) – but that the proportionality review may be so light touch as not to add much to the traditional ground.’

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Competition Bulletin from Blackstone Chambers, 19th April 2023

Source: competitionbulletin.com

High Court lifts automatic suspension in procurement dispute over provision of audio-visual equipment to courts and tribunals – Local Government Lawyer

Posted March 14th, 2023 in competition, contracts, courts, limitations, news, public procurement, tenders by sally

‘The Secretary of State for Justice (SoSJ) has successfully applied to the High Court for the lifting of the automatic suspension in a procurement challenge to the outcome of a mini-competition for a call-off contract relating to the provision of digital and audiovisual (‘AV’) equipment for use by HM Courts and Tribunals Service.’

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Local Government Lawyer, 13th March 2023

Source: www.localgovernmentlawyer.co.uk

UK competition court halts class action claim against Meta – OUT-LAW.com

‘The UK’s Competition Appeal Tribunal (CAT) has paused the progress of a class action against Facebook’s parent company, Meta, amid concerns over the validity of the methodology used to calculate potential damages.’

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OUT-LAW.com, 1st March 2023

Source: www.pinsentmasons.com

Updated consumer law guidance for higher education providers welcomed – OUT-LAW.com

Posted February 21st, 2023 in competition, consumer protection, education, news, universities by tracey

‘Updated guidance for higher education (HE) providers announced by the UK Competition and Markets Authority (CMA) will help the sector ensure that their practices are compliant, according to one legal expert.’

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OUT-LAW.com, 20th February 2023

Source: www.pinsentmasons.com

Competition court judges criticise parties in Merricks v Mastercard – Law Society’s Gazette

Posted February 6th, 2023 in banking, class actions, competition, damages, limitations, news, time limits by tracey

‘Commercial court judges found “neither side had covered itself in glory” in the latest judgment in Merricks v Mastercard Incorporated and Ors.’

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Law Society's Gazette, 5th February 2023

Source: www.lawgazette.co.uk

Class actions focusing on banks and competition law breaches – Legal Futures

Posted January 13th, 2023 in banking, class actions, competition, news by tracey

‘The UK’s biggest banks are facing 109 class actions across different jurisdictions, 41 of them relating to interest rate swaps, research by City law firm RPC has shown.’

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Legal Futures, 13th January 2023

Source: www.legalfutures.co.uk

Subsidy Control Act 2022: another new regime – Mills & Reeve

Posted January 5th, 2023 in brexit, competition, legislation, news, state aids by sally

‘The Subsidy Control Act 2022 is now, as of 4 January 2023, in force. The regime under the Act reflects the subsidy control chapter of the Trade and Cooperation Agreement which has governed UK subsidies since Brexit. This article provides a summary of the key changes made by the Act and how the regime will operate.’

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Mills & Reeve, 4th January 2023

Source: www.mills-reeve.com

Mastercard fails to throw out class of ‘dead claimants’ – Law Society’s Gazette

Posted November 30th, 2022 in appeals, banking, class actions, competition, news by sally

‘Court of Appeal judges today unanimously dismissed an appeal against the landmark decision this year to allow about three million now deceased people to continue to be part of a mammoth group action against Mastercard. The ruling concludes a six-year struggle to get the collective proceedings certified in the Competition Appeal Tribunal.’

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Law Society's Gazette, 29th November 2022

Source: www.lawgazette.co.uk

Cloud gaming and mobile browsers market investigation opened in the UK – OUT-LAW.com

Posted November 28th, 2022 in competition, internet, news by tracey

‘The Competition and Markets Authority (CMA) has opened an in-depth investigation into competition in the UK’s cloud gaming and mobile browsers markets.’

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OUT-LAW.com, 28th November 2022

Source: www.pinsentmasons.com

Meta ordered to sell Giphy as UK competition watchdog confirms decision – The Independent

Posted October 19th, 2022 in appeals, competition, internet, news, ombudsmen, telecommunications by sally

‘The UK’s competition watchdog has reissued an order to Facebook’s parent firm Meta to sell Giphy.’

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The Independent, 18th October 2022

Source: www.independent.co.uk

Sony could face £5bn in legal claims over PlayStation game charges – The Guardian

Posted August 26th, 2022 in appeals, competition, consumer protection, damages, news, video games by tracey

‘Sony has been overcharging PlayStation gamers for six years, a new legal claim alleges, and could be forced to pay almost £5bn in damages if the claim succeeds.’

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The Guardian, 22nd August 2022

Source: www.theguardian.com

Compare The Market ruling ‘not green light’ for price restriction clauses – OUT-LAW.com

Posted August 12th, 2022 in appeals, competition, fines, insurance, news, tribunals by tracey

‘A recent UK ruling does not mean that clauses in contracts that place restrictions on the price suppliers can offer products or services on other sales channels beyond their own are acceptable under competition law, an expert has said.’

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OUT-LAW.com, 11th August 2022

Source: www.pinsentmasons.com

Monopolies watchdog orders sale of searches firm – Law Society’s Gazette

Posted August 4th, 2022 in competition, news, sale of land, takeovers by tracey

‘A multinational legal and financial software business has been ordered to sell a British property searches firm in a rare intervention by the monopolies watchdog. The Competition and Markets Authority (CMA) revealed today that an investigation had concluded that last year’s £91.5m acquisition of TM Group by Dye & Durham “substantially lessens competition in the supply of property search services in England and Wales”.’

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Law Society's Gazette, 3rd August 2022

Source: www.lawgazette.co.uk

Court of Appeal warns of “perverse incentives” from litigation funding – Legal Futures

‘The Court of Appeal yesterday highlighted the importance of judicial control over costs to ensure that the involvement of third-party litigation funders does not create perverse incentives.’

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Legal Futures, 29th July 2022

Source: www.legalfutures.co.uk

CMA provisionally finds construction firm cartels rigged £150m of contracts – The Independent

Posted June 24th, 2022 in competition, construction industry, contracts, fines, news, ombudsmen by tracey

‘A group of 10 construction firms illegally colluded to rig bids for £150 million of major contracts, according to provisional findings by the UK competition watchdog.’

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The Independent, 24th June 2022

Source: www.independent.co.uk

Apple faces £768m collective action for ‘throttling’ iPhones – Law Society’s Gazette

Posted June 17th, 2022 in class actions, competition, consumer protection, news, telecommunications by tracey

‘Technology giant Apple is facing a £768m collective action over claims it secretly “throttled” iPhones with software updates to disguise overloaded batteries.
Consumer champion Justin Gutmann, formerly of Citizens Advice, is bringing the case on behalf of around 25 million people against Apple for allegedly abusing its market dominance by concealing a ‘power management tool’ in updates which reduced iPhones’ performance by up to 58%.’

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Law Society's Gazette, 16th June 2022

Source: www.lawgazette.co.uk

New Judgment: Competition and Markets Authority v Flynn Pharma Ltd and another, and Competition and Markets Authority v Pfizer Inc and another [2022] UKSC 14 – UKSC Blog

Posted May 27th, 2022 in appeals, competition, costs, news, ombudsmen, Supreme Court by sally

‘The Respondent is a public body tasked with investigating companies suspected of breaching competition law and penalising those found to have done so. The Appellants are both pharmaceutical companies fined by the CMA and both appealed to the Competition Appeal Tribunal (CAT) challenging the CMA’s decision. The CAT allowed the appeals in part, set aside part of the CMA’s decision, and remitted the case to the CMA for reconsideration.’

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UKSC Blog, 25th May 2022

Source: ukscblog.com